Judge Gives Calif. the Go-Ahead on Emissions
State Can Set Its Own Standards for Vehicles if It Wins Waiver From EPA
State Attorney General Edmund G. Brown Jr., here with Gov. Arnold Schwarzenegger, said he hopes the ruling gets the president's attention.
(By Rich Pedroncelli -- Associated Press)
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Thursday, December 13, 2007
SACRAMENTO, Dec. 12 -- A federal judge ruled Wednesday that California can regulate greenhouse gas emissions from vehicles, handing a major defeat to the auto industry.
The ruling by U.S. District Court Judge Anthony Ishii in Fresno clears one of the hurdles in California's effort to regulate tailpipe emissions from cars, trucks and sport-utility vehicles.
Automakers sued the state over the tailpipe standards it approved in 2004, which would force them to build cars and light trucks that produce about 30 percent fewer greenhouse gases by 2016.
However, the state still needs a waiver from the Environmental Protection Agency to begin implementing the program. The EPA has not yet issued a decision, leading California and 14 other states to sue the agency in November seeking quicker action.
"It's a major victory and a giant step forward for California," state Attorney General Jerry Brown said of Wednesday's ruling. "I hope this will get the attention of President Bush and have him support significant caps on greenhouse gas emissions."
In its lawsuit against the state, the Association of International Automobile Manufacturers argued that it was the federal government's responsibility to establish one uniform fuel economy standard. Without one, manufacturers would be forced to produce vehicles using too many efficiency standards, raising the cost of cars and eliminating some model choices.
They argued that a federal energy law passed in 1975 gives the Department of Transportation sole jurisdiction over fuel economy.
But Ishii rejected that claim, saying Congress gave California and the EPA the authority to regulate vehicle emissions.
"It would be the very definition of folly" to prevent environmental agencies from regulating greenhouse gas emissions, Ishii wrote in his 57-page opinion.
AIAM said it would consult with its 14 member companies, including automakers such as Toyota, Honda, Nissan and Hyundai, about whether to appeal.
"While we have not yet had an opportunity to analyze the California federal court's decision, we are obviously very disappointed by this result," said Michael Stanton, association president and chief executive.
